Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2023
May
Better Access to Legal Aid
If you need the services of a lawyer and want to check your eligibility for legal aid, youshould know that since December 29, 2022, regulatory changes may simplify the processing of your application.
In fact, if you meet the following conditions, you will no longer have to submit any document
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April
The "grandparent" scam: protecting yourself and your loved ones
You receive a call from someone claiming to be a lawyer, who informs you that your favourite grandson has been arrested and is currently being held in custody. You are told that you must pay bail of $2,500 before he can be released. The only thing missing is your payment. Someone will come by in the
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March
HAS or SARPA, which applies to me?
HOMOLOGATION ASSISTANCE SERVICE (HAS)
The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where the parties have previously obtained a judgment with respect to child support alone or child and spousal support.
Parties need not be financially eligible for legal aid in order to use the HAS. The service is offered to everyone at a fixed price of $637 ($470 in fees and $167 in legal costs) of which each party pays half. Individuals who are financially eligible for gratuitous legal aid are not required to pay anything and those eligible under the contributory scheme pay the lesser of the contribution calculated in accordance with the Regulation respecting legal aid or the cost of the HAS.
The parties must choose a lawyer (either a lawyer who is a legal aid staff member or a lawyer in private practice) to draft the agreement. The agreement is then mailed to the office of the court. The agreement is subsequently homologated by the special clerk and, as a result, becomes a judgment of the Superior Court and is then executory. The parties' lawyer sends each of them a copy of the judgment.
For more information, you can consult the following link :
www.csj.qc.ca
QUEBEC’S CHILD SUPPORT RECALCULATION SERVICE (S A R P A )The Child Support Recalculation Administrative Service (SARPA) officially known as the Service administratif de rajustement des pensions alimentaires pour enfants is a purely administrative service that allows to eligible parents to adjust child support payments for a minor child who has already been adjudicated, without re-appear at a court. The "Commission des services juridiques" (CSJ) is responsible for the administration of this service.
The only fees payable for an application are $53 payable to SARPA in a single instalment. However, parents who file a joint application divide the cost equally. Persons who are financially eligible for legal aid under the free component are exempt from payment of fees.
The adjustment request may be submitted to the SARPA by either parent or by only one parent. It refers only to support adjustment situations that do not require judicial review.
Before applying to the SARPA, parents can fill out the interactive questionnaire available at
www.sarpaquebec.ca to check their eligibility for the service. Once this questionnaire has been completed, they will be able to access the SARPA application form.
Legal brief *
March
2023
Number
03
Text prepared by CSJ
Update by CSJ
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
February
Assistant to persons of full age
You are 80 years old and are still very alert, but you have some difficulties with computers and anything electronic. You also have trouble hearing people on the phone when dealing with suppliers or when trying to get information about your accounts.
The newly adopted Law to better protect
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January
What is an Immediate Protective Measure?
When the Director of Youth Protection (the “DYP”) accepts a report regarding a child’s situation, he may unilaterally decide to take an immediate protective measure. In fact, the Youth Protection Act1 allows him to take certain measures to ensure the safety of the child for a maximum period of 48
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